Preferential Treatment, Social Justice, and the Part-time Law Student – The Case for the Value-added Part-time Law Degree

There has been growing pressure to increase diversity in legal education and the legal profession in England and Wales. While this has focused upon the absence of certain groups such as women, ethnic minorities, and the disabled, there has been no specific discussion of part-time law students. Drawing on questionnaires and focus groups with part-time law students across England and Wales, this article examines how their background and experiences may hamper their ability to participate and succeed in higher education and legal practice. In response to the consistent omission of part-time students' needs from attempts to enhance social diversity in universities and the legal profession, it also argues that affirmative action is now necessary and justified in respect of these students. Pragmatic suggestions are made for a contextual approach to affirmative action for part-time law students which adds value to their degree. Finally, the potential effects of affirmative action on part-time law students themselves and upon the gatekeepers to the legal profession are explored.     

Comment

Abstract

THIS article surveys some of the most significant issues facing Australian legal education today. Although referencing the research of others, the views expressed in this article are necessarily personal to the authors; they represent a “reflective practitioners'” insight into Australian legal education. The perspectives drawn in this article are painted with a broad brush on a large canvas and in an impressionistic style. As with all ‘overviews’, most of the areas discussed warrant further discussion and research. While some of the concerns raised will be of immediate interest to Australians, the broader issues encompass areas relevant to legal educators in countries facing similar problems and undergoing, as is the UK, a major review of legal education.¹     

渝东南少数民族地区“涉枪涉爆”犯罪研究

近年来,渝东南少数民族地区“涉枪涉爆”犯罪呈现出逐步攀升的高发态势。究其成因,少数民族传统文化与现代法制文化的冲突,以及民族群众急迫的生产生活需要是诱发此类犯罪的内在主导因素;少数民族群众特有的“人情世故”与民族地区公安管理的滞后是犯罪产生的外在条件。     

Law as a culture: Global thoughts from a small Island*

ABSTRACT

This paper will seek to address the challenges of teaching legal ethics to undergraduate law students, both generally and in my own institutional context. Ethical conduct has long been held to be a central feature of professionalism and, traditionally, codes of ethics constituted one of the hallmarks and defining characteristics of the professions. The legal profession is no exception to this; however, it has not always been recognised that university law schools have an important role to play in preparing law students for the ethical challenges of legal practice. More recently this indifference has given way to an acceptance of the importance of this area of learning. Rather than being whether to teach legal ethics to law students, therefore, the two fundamental questions for educators are, first, what do students need to learn from the teaching of legal ethics and, secondly, how this is to be achieved. This study also aims to consider the specific challenges of teaching legal ethics to law students from widening participation backgrounds. These issues are particularly important in my own professional context as programme leader for an undergraduate qualifying law degree at an institution with a high population of widening participation students.     

论民族法律文化视角下“法律多元”的含义与现状

在民族法律文化及少数民族习惯法研究者的学术话语当中,“法律多元”是一个常用的词汇,它通常被用以描述各族习惯法与国家法多元并存的法律现实状况。值得注意的是,“法律多元”本身并不是一个具有统一和明确含义的概念,在当代中国国家法制统一的背景之下,对“法律多元”的使用尤需慎重。当借助“法律多元”的理论对多重法律体系的状况进行描述时,应当根据特定的语境和视角,对“多元”的含义加以必要的说明。立足于少数民族法律文化研究的视角,语境化地对我国“法律多元”的含义以及现实状况进行描述和分析时,亦应如此。     

Perceptions of the criminal justice system by minority and majority group university students: The role of ethnic identity

Minorities are overrepresented in the criminal justice system, and prior research has indicated ethnic minorities and Whites have different opinions of and different experiences within the system. While differences have been shown, the influence of ethnic identity on perceptions of the legal system has been overlooked. The purpose of the present research was to determine if there were differences in perceptions of the legal system by ethnic identity levels for ethnic minorities and Whites. Results indicated differences do exist and ethnic identity is a crucial issue in understanding resonance with the legal system. Future directions for incorporating ethnic identity in research on the criminal justice system are discussed.     

POLICE,MINORITIES, AND THE FRENCH REPUBLICAN IDEAL*

This paper examines the strained relationship between French police agencies and ethnic minorities and discusses evidence of ethnic discrimination by the police and the criminal justice system. Until recently, the idea that ethnic composition of a police force ought to reflect, to some degree, the community it polices, seemed odd in France. We argue that there are two main reasons for this viewpoint: first, a conception of the role of the police in the State as accountable to the government rather than to the citizens; secondly, a conception of Republic and citizenship denying any political significance to the personal identities of citizens. We conclude that ethnic diversification of police forces is but one aspect of a more encompassing struggle against discrimination that requires a degree of accommodation with the present legal and statistical invisibility of racial/ethnic groups.     

Canteen Banter or Racism: is there a Relationship between Oslo Police's Use of Derogatory Terms and their Attitudes and Conduct towards Ethnic Minorities?

This paper explores the possible connection between the Oslo police's use of derogatory terms about the ethnic minority population, and actual police attitudes and conduct. The article's background is a research project focusing on the relationship between the police and Oslo's ethnic minorities. Qualitative methods were applied, including observations amongst rank‐and‐file officers in three police stations, interviews with 20 police officers of different rank and gender, as well as interviews with three samples of basically ethnic minority men. The background for the police's use of derogatory terms about the ethnic minority population is discussed, and possible institutional support is explored. The canteen language and attitudes towards ethnic minorities are seen in relationship to police experiences with them. Incidents observed during the field‐work are applied in the discussion of whether the police conduct may be influenced by their language and thus lead to unjustifiable targeting of ethnic minorities for stop and search. The observations of police conduct are perceived in the light of ethnic minority informants' police experiences. Although a direct connection between derogatory terms and actual conduct was not confirmed through the observations, the ethnic minority informant interviews suggest that such a connection may not be discarded and such language must therefore be avoided as it may increase the social distance between the police and ethnic minorities.     

Through a screen,darkly: Electronic legal education in Europe

Abstract

Electronic legal education involves the use of information, communication and instructional technologies to enhance students’ learning of the law and to provide law teachers with environments and tools for teaching the law. With the fast growth of the Internet many Law schools and Law faculties are moving their education and training into web environments. This may open new ways of teaching and learning the law by providing students with an environment in which they can manage legal information and legal knowledge for their personal professional use. However, it is clear that throughout Europe there are divergent as well as convergent uses of the web and IT This article explores some of the issues inherent in this, and suggests a number of projects that would enable ICT in legal education to facilitate the aims of the Sorbonne‐Bologna process.     

Law teaching at colleges of further education

Scholars have long agreed upon the interrelated rationales for a diverse law faculty, which include the recognition of the value of multi-perspective and multicultural education and scholarship, the promotion of non-discrimination and prevention of discrimination in the legal academy and legal community at large, and the benefits of minority mentors and role models for minority students. This article will make use of the United States Supreme Court’s 2003 landmark decision in Grutter v Bollinger to illuminate how its diversity rationale in the admission of law students should extend to the hiring of minority law faculty members. Further, it will argue that “racial minorities” should include not only African Americans, Hispanics, and Native Americans, but also Asian Americans. Finally, law schools should include foreign professors in their affirmative action hiring efforts in this era of globalisation. Although this article focuses more upon faculty hiring than student admission, to the extent that it appropriates the Grutter rationale to discuss affirmative action hiring, affirmative action admission will also be a significant part of the discussion. After all, a diverse law faculty and a diverse student body are inseparable components of a supportive and friendly law school environment.     

Adult fire-raising: Law and psychology

Abstract

Adult fire-raising (arson) is reviewed in brief historical text and some legal and statistical issues are discussed. A classification system is suggested followed by a brief discussion of motivation and management of this type of offender.     

Northern Irish legal education after Brexit

ABSTRACT

In this article we argue that the impact of Brexit on the law schools in Northern Ireland is tied to the “unique circumstances” of legal education in this part of the world. Legal education in Northern Ireland is likely to develop to become even more distinctive than that in other parts of the UK. Although there are two distinct jurisdictions on the island, they are deeply entangled by shared history and geographical proximity that make cross-border practice a daily reality. These circumstances seem likely to drive the trajectory of the development of legal education in Northern Ireland. Indeed, EU law is likely to remain a component of the Northern Irish qualifying law degree. The potential for the development of law specific to Northern Ireland under backstop arrangements is another significant driver for the future orientation of legal education in this jurisdiction. Legal education in Northern Ireland is, therefore, likely to become noticeably more “European” than that in other parts of the UK.     

满族传统神判制度的法文化分析

满族是东北地区少数民族中的重要一支,曾经在中国历史上留下过浓墨重彩的一笔。长期以来,在国家法一元论的思想下,学术界忽视了对少数民族尤其是东北地区的少数民族的法文化和法律制度的研究,从法文化学的视角对满族进行研究在我国更属空白。以法文化学的研究方法为切入点,对萨满教影响下的满族传统社会中的神判制度进行分析,探讨其独特的法律价值追求。     

Investigating the feasibility of using student reflective journals to understand how clinical legal education can develop the ethical competence of law students

ABSTRACT

The purpose of this small-scale empirical study is to gain an insight into how to explore the contribution clinical legal education (CLE) can make to teaching legal ethics to law students. CLE provides real or simulated opportunities for students to provide legal advice and learn through application, practice and reflection in work-integrated contexts, for example through student law clinics and CLE modules. Previous empirical studies in this area, which have focused on whether CLE can develop a sense of ethical competence in law students, have argued persuasively that CLE provides an effective vehicle for teaching ethics, and this is now generally supported by academic opinion. However, hardly any attention has been given to how CLE develops the ethical competence of law students. This study, which is concerned with conducting a feasibility study of the use of reflective journals within CLE to determine whether and how a full-scale study can be done, is aimed at addressing this gap.     

The state of the nation: diversity and the British legal academy

In this short piece, I set out briefly what we know about the challenge of diversity in the legal academy from existing scholarship. That field, in the UK at least, is sparse. I then go on to present a snapshot of the legal academy using data from the Higher Education Statistics Agency (HESA). I do this as the start of a much larger project on diversity and the legal academy that I plan to undertake over the next year. My argument is rather simple. The diversity of the legal academy reflects neither the diversity of our law student bodies nor the diversity of the wider population. Such diversity is vital for a number of reasons. My hope is that this piece can be the start of a dialogue on an important and largely ignored topic, and that further research will be done in this area.     

Consumer perspectives of New Zealand community treatment programmes for sexually abusive youth

Abstract

The aim of this process evaluation was to identify consumer perspectives of strengths and weaknesses of programme delivery at three New Zealand community treatment programmes for sexually abusive youth. Qualitative methods were employed, with data being obtained from in-depth interviews with 24 sexually abusive youth and 23 caregivers across three sites. Results indicated that clients value good pre-entry information to reduce barriers to participation; engagement in treatment is facilitated by the quality of the client–therapist relationship, family involvement, culturally appropriate communication and creative and physical activities; and post-treatment support is important. Findings highlight the importance of engaging adolescents and their families actively during the intake period, the treatment phase and post-treatment transition. They also support the use of flexible and integrated approaches to treatment that attend to the cultural context for ethnic minorities. This suggests that programmes should aim to provide wraparound services that promote engagement during the referral phase and offer transitional programmes and aftercare follow-up. Recognition should also be given to issues of cultural difference by ensuring that cultural services for ethnic minorities are integrated into all levels of programme delivery.     

Government and education news

Abstract

FOR EIGHT years Cornell's Legal Information Institute has offered online law courses to students at other US law schools. Using a paced asynchronous approach, with streaming audio linked to referenced Web materials, interactive problems, online discussion/ and a series of written exercises, the courses offer a successful model of how law schools can pool teaching resources and students to enrich curricula. This article reports on and explains the choices, challenges, student response, and educational outcomes of this ongoing experiment, organised around ten frequently asked questions. It also ventures some cautious conclusions about the near‐term prospects for distance learning in US legal education, noting both inhibiting forces, including importantly constraints imposed by accreditation rules, and recent grounds for optimism.     

Diversity in Policing

Abstract

Police and minority relations have received much interest among public and academic audiences, yet little is known about policing in Latino communities. As Latinos emerge as the largest minority group in the United States, researchers and police agencies are increasingly concerned with the experience of Latinos in the criminal justice system. One strategy for improving police and community relations is to enhance the diversity of law enforcement agencies. Therefore, the purpose of this study is to examine the ethnic composition of law enforcement agencies in major U.S. metropolitan areas between 1990 and 2000. Using data from the U.S. Census and the Law Enforcement Management and Administrative Statistics (LEMAS) survey, it appears that the growth in the U.S. Latino population has been met with an increase in the percentage of Latinos as sworn full-time police officers. Further, the degree of enhanced diversity varies by the ethnic composition of the community served. Implications of findings for improving relations between police and the Latino community are discussed.     

Decline of the English jury*

Abstract

This biographical study of the lived experiences of six law teachers offers a new dimension to understanding the dynamics of law teaching. The overall purpose of the study is to reveal how these law teachers make sense of the world of legal education in terms of individual identities, values and whether they necessarily regard themselves as academics. The significance of the study is the contribution it seeks to make in understanding individual law teachers and how they experience the dynamics of a rapidly changing teaching environment. The study reveals how different experiences emerge through a complex interplay between spheres of influence and theoretical frames of reference. A theoretical perspective considers three possible explanations, work orientation, performativity and supercomplexity, with regard to how experiences fit within apparent epistemological shifts in the academy.

The biographical method has not hitherto been applied to understanding this dimension of legal education. The purpose in adopting this method is to make a deliberate departure from more traditional research methods in legal education and to determine the extent to which it might be possible to see the world of legal education as a lived experience. This approach provides tools of analysis for understanding the dynamics of law teaching and dynamic identities.     

Assessing oral skills—time for reflection,time for risk

Abstract

THIS PAPER aims to establish a framework from which we can explain our dissatisfaction with defining what we teach and what and how we assess within legal education. To what extent can we, the professions or the public, have confidence that our assessment processes predict effective professional competence?

We will try to establish this framework by placing the discussion in the context of a workshop of assessment of oral skills run at the 2001 Bar Vocational Course conference. The workshop raised issues which we believe encapsulate the difficulties of measuring performance in such a way that it reliably predicts professional effectiveness. From this we will attempt to highlight the shortcomings of the current teaching, learning and assessment strategies more generally.

We go on to consider the role of student reflection in support of summative assessment: is it a reliable way of helping to plug the competence‐performance gap we have identified? What is its role in summative assessment? What demands does it make on tutor and learner? Since we cannot guarantee to find the best solutions first time, we make a plea for taking the risk of failure as well as success, and trying out ideas.